ALEX MATHEW Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) These writ petitions are related to a building (godown) owned by the petitioner - Sri. Charles Jose in W.P.(C) No. 28382/2018. He using the building for keeping manure and fertilizers. He was directed to shift the godown to another place by DMO. That is challenged in W.P.(C) No.28382/2018. His neighbouring owner Sri. Alex Mathew and Others approched this Court in W.P.(C) No. 13556/2018, challenging the unauthorised construction being undertaken by Sri. Charles Jose. According to them, the fertilizer business conducted by Sri. Charles Jose caused innumerable nuisance and pollution to the neighbouring occupants.

(2.) Sri. Charles Jose's case is that he conducts business strictly in accordance with the pollution norms. The DMO directed to shift the godown without conducting proper enquiry.

(3.) There are two issues to be considered in both these writ petitions. One is related to the business conducted by the Sri. Charles Jose and the other is related to the alleged unauthorised construction made by him. Sri. Charles Jose approached this Court in the year 2018 and he is enjoying a stay in this matter. This Court also directed the Pollution Control Board to conduct an inspection. Based on the direction of this Court, a report has been submitted by the Environmental Engineer of the Pollution Control Board. It is stated in the report that Sri. Charles Jose submitted an application for consent. It is now submitted that the consent has already been granted.